About this Site

The Site is provided by HSBC Bank Plc (“HSBC”, “we” and “us”) and provides documentation for certain Testing Facilities and various HSBC Group APIs. If you access the Hong Kong Open Banking APIs, this Site is provided by the Hongkong and Shanghai Banking Corporation Limited.

HSBC Bank plc is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. It is listed with the registration number 114216. HSBC Bank Plc is a company incorporated under the laws of England and Wales with company registration number 14259  and its registered office at 8 Canada Square,  HSBC Bank Plc’s registered VAT number is GB 365684514.

This document sets out the terms and conditions ("Terms") of this Site, unless you access the Hong Kong Open Banking APIs in which case these terms and conditions apply instead ("Terms"). These Terms govern your use of this Site together with the provision and use of any interface or data obtained through on or accessed via this Site including the APIs.

By accessing this Site, you agree to be bound by these Terms so please read these Terms carefully. The Privacy Notice and Cookie Notice explain how we collect, use and share your personal information and what information we store on or read from the device you use to access this Site. We may change the content or services found on this Site at any time without notice, and / or these Terms, the Cookies Notice or the Privacy Notice at any time without notice. You should visit this page regularly to check for any changes, and by continuing to use this Site you are agreeing to any changes to these Terms.  These Terms were last amended on 29th March 2021.

We will not charge you for access to this Site and we do not guarantee that the Site, or any content on it, will always be available or uninterrupted.   We may suspend or restrict access to the Site or any part of it for business, regulatory or operational purposes.    We will endeavour to give reasonable notice of any suspension .      

If you do not agree with these Terms, any relevant Licence Terms, the Privacy Notice or our use of cookies as set out in the Cookies Notice, please do not use this Site or the APIs.  

Definitions

1. APIs means the API provided by HSBC Group and made available on the Site. For the avoidance of doubt APIs does not include any third party APIs which may be offered through this Site.
2. API Documentation means any information, guidance, specifications or other documentation and information provided via this Site or otherwise to you about the APIs, this Site or the Testing Facilities.
3. Developer means a third party who provides technology services to you: (i) to enable you to access and use any element of the APIs or Testing Facilities; (ii) to support your API Testing and / or (iii) to facilitate your integration of and / or to maintain the integration of any of the APIs into your application.
4. HSBC means HSBC UK Bank plc, and references to "we", "us" or "our" are references to HSBC and / or the HSBC Group, as applicable.
5. API Terms means any terms and conditions that apply to your use of any API, or to the integration of any API with a system or service.
6. API Testing means your (or a Developer acting on your behalf’s) testing of any application developed or used by you, or developed on your behalf, for the purposes of enabling your access to, benefit from, reliance on and / or interaction or integration with the APIs;
7. HSBC Group HSBC Holdings plc, its subsidiaries, related bodies corporate, associated entities and undertakings and any of their branches. full details of all relevant members are available at Appendix 1.
8. Intellectual Property Rights means any right, title or interest in: copyrights, rights in databases, patents, inventions, patents, trademarks, trade names, goodwill, rights in internet domain names and website addresses, designs, know how, trade secrets and other rights in confidential information, whether registered, unregistered or not capable of being registered in any country or jurisdiction including all other rights having equivalent or similar affects which may now or in the future subsist anywhere in the world.
9. Licence Terms means any licence applying to the use of any third party APIs (other than those provided by HSBC available on this Site) including but not  limited to the Open Banking Open Licence (available: https://www.openbanking.org.uk/wp-content/uploads/Open-Licence.pdf).
10. Site means https://develop.hsbc.com.
11. Site Account means any user account created on this Site.
12. Terms means these Terms and Conditions.
13. Testing Documentation means  any information, guidance, specifications or other documentation and information provided via this Site about the Testing Facilities.
14. Testing Facilities means one or more testing environments, activities, or sandboxes that we provide or make available to you on this Site to: (i) access the API Documentation; and / or (ii) enable you to carry out API Testing.
15. You or you means the person accessing this Site or using the APIs available via this Site.

Access and licenses

1. In consideration of your compliance with the Terms, we grant you a non-exclusive, royalty free, revocable, non-transferable and non-sub licensable licence to access and use the Site, the Testing Facilities and the Testing Documentation.
2. Access to certain restricted parts of the Site, the Testing Facilities, the Testing Documentation, the API Documentation and the APIs may be granted at our absolute discretion (or that of another member of the HSBC Group) and/or your satisfaction of regulatory requirements. Where such access is granted, it may be subject to your creation of a Site Account, your agreement to further terms or other obligations as we may require and may be withdrawn at any time without notice or liability (to the extent permissible by applicable law).
3. Your use of any third party APIs  are subject to any relevant API Terms and any Additional Licence Terms. You are responsible for your access to the Site, use of the Testing Facilities and Testing Documentation and for all activities that occur whilst you are logged into your Site Account. If you know or suspect that anyone other than you knows your Site Account user name or password or any details relating to your organisation that might allow your Site Account to be used by others, you must notify us immediately by using the Contact us found under the Help menu.
4. Your use of any third party links contained on this Site is at your own risk. We are not responsible for the content of any other web sites or pages linked to or from this Site and have not verified the content of any such web sites, or pages. 
5. You must ensure compliance with all applicable law in connection with your use of this Site, the Testing Facilities, the Testing Documentation, the API Documentation and the APIs. 

Intellectual property rights

1. We or other members of the HSBC Group are the owner or licensee of all Intellectual Property Rights subsisting in the APIs, API Documentation, the Testing Facilities, the Testing Documentation and this Site. All rights in and to the APIs, the API Documentation, the Testing Facilities, the Testing Documentation and this Site are reserved.
2. You acknowledge that we are the owner or the licensee of all Intellectual Property Rights in material published on this Site (including for the avoidance of doubt any user-generated information and comments posted by third parties on the Site). All such rights are reserved. 
3. You may print off one copy, and may download extracts, of any page(s) from this Site for your own use.
4. Nothing in these Terms shall be construed as granting any rights for you to use any HSBC logos, trademarks or branding.

Prohibitions on use

Except as may be permitted under applicable law, you must not use the APIs, API Documentation, the Testing Facilities, the Testing Documentation or this Site:

1. for any purpose which is unlawful, abusive, libelous, obscene or threatening;
2. except to the extent expressly permitted under these Terms and under any API Terms, attempt to adapt, copy, modify, download, display, duplicate, create derivative works from, republish, transmit, or distribute all or any portion of the APIs, API Documentation, the Testing Facilities, the Testing Documentation or this Site.
3. either in whole or part, attempt to reverse engineer, decompile, disassemble or otherwise reduce to human-perceivable form all or any part of the APIs, the Testing Facilities or this Site;
4. for purposes of misuse by knowingly or unknowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
5. for any purpose that could, or could potentially infringe the Intellectual Property Rights, privacy, confidentiality or other rights of any third party; or
6. for any other purpose other than that for which your access was granted.

No warranties

To the fullest extent permitted by law, and unless expressly set out to the contrary in these Terms: 

1. all warranties and terms which would otherwise be implied by law, custom or usage are excluded from these Terms;
2. all access to this Site and (where you have been granted access) to the APIs and the Testing Facilities is made available to you on an "as is" and "as available" basis. We may suspend your access to, suspend, withdraw, discontinue or change, all or any of the Site, your Site Account, the Testing Facilities, the Testing Documentation, the API Documentation or the APIs at any time without notice or liability; 
3. we make no representations, warranties or guarantees, whether express or implied that this Site, the Testing Facilities, the Testing Documentation, the API Documentation or the APIs (including any data obtained through the APIs) is accurate, complete or up-to-date although we do use reasonable care to ensure that this Site, the Testing Facilities, the Testing Documentation, the API Documentation and the APIs are accurate in so far as this is within our control.
4. We do not guarantee that our Site will be secure or free from bugs or viruses, you are responsible for configuring and securing your own information technology, computer programmes, platforms and equipment and should use your own virus protection software.

Suspension

We may suspend your access to the Site, your Site Account, or terminate these Terms at any time if in our sole discretion:

1. you are in breach of any of the terms and conditions of these Terms;
2. you or your Site Account suffer a security breach that impacts on the confidentiality or integrity of this Site; or
3. we have a legitimate concern about your use of this Site or your Site Account.

Liability and Indemnities

1. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
2. To the full extent permitted by law, in no event will we, any other member of the HSBC Group, or any third party API providers be liable to you for any loss or damage (whether direct or indirect), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
   1. your use, or inability to use this Site, your Site Account, the Testing Facilities, the Testing Documentation, the API Documentation or the APIs; or
   2. your use of or reliance on any content accessed through this Site or the APIs.
   3. the secure storage of data that you may load to the sandbox during your use of the Testing Facility. All data loaded to the sandbox should be test data, unrepresentative of any live data associated with a transactional arrangement with HSBC.
3. Notwithstanding the remainder of this Clause 8, the total aggregate liability of the HSBC Group, whether in contract, tort (including negligence and breach of statutory duty, howsoever arising), misrepresentation (whether negligent or innocent), restitution or otherwise, arising under or in connection with these Terms shall be limited to £500 in aggregate.

General

1. Relationship: Nothing in, and no action taken under, these Terms creates a relationship of principal and agent between you and HSBC or any other HSBC Group member, or otherwise authorises you to bind HSBC or any other HSBC Group member.
2. Third Party Rights: A person who is not party to these Terms of Use may not enforce any term of these Terms under the Contracts (Rights of Third Parties) Act 1999.
3. Assignment: you may not assign, transfer or permit the exercise by any other party of your rights under these Terms. We may subcontract, assign or novate these Terms or any of our rights to any member of the HSBC Group or third party.
4. Entire Agreement: These Terms, together with the documents referred to in it, constitutes the entire agreement and understanding between the parties in respect of the matters dealt with in it and supersedes any previous agreement between the parties in relation to such matters.
5. Governing Law and Jurisdiction: The Terms are governed by and interpreted in accordance with the laws of England and Wales and the courts of the above jurisdiction will have exclusive jurisdiction in respect of any dispute, which may arise.

Contact Details

If you have any questions in respect of these terms, please send us a message using the Contact us form found under the Help menu or contact your Integration Manager (Corporate customers).
 

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Appendix

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